United Nations Security Council Resolution 2746 – The situation concerning the Democratic Republic of the Congo

Resolution 2746 (2024)

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC),

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the DRC as well as all States in the region and emphasizing the urgent need to respect fully the principles of non-interference, good-neighborliness and regional cooperation, and reaffirming the sovereignty of the DRC over its natural resources,

Expressing concern about the escalation of violence in the eastern DRC, further exacerbating the current humanitarian situation and protection concerns, and the sustained tension between Rwanda and the DRC, and noting that the DRC continues to suffer from recurring and evolving cycles of conflict and persistent violence by foreign and domestic armed groups, condemning all armed groups operating in the DRC,

Taking note of the final 2024 report of the Group of Experts on the DRC (S/2024/432), and condemning foreign military support provided to M23 and any other armed group operating in the DRC as well as direct unauthorized foreign military intervention in the territory of the DRC and demanding the cessation of such support and the immediate withdrawal of any such external party from the DRC, also condemning support notably provided by military forces to certain armed groups, in particular the FDLR, demanding the cessation of such support and the full implementation of disarmament, demobilization and reintegration processes for all armed groups operating in the DRC,

Recognizing the linkage between the illegal exploitation of natural resources, illicit trade in such resources and the proliferation and trafficking of arms as one of the major factors fuelling and exacerbating conflict in eastern DRC,

Welcoming the ceasefire agreement signed by the DRC and Rwanda on 30 July with the mediation of Angola, together with the decision to operationalize the FDLR neutralization plan and to elaborate a disengagement plan for the Forces, calling for a sustainable cessation of hostilities and underscoring the importance of addressing the root causes of conflict and of the peaceful settlement of disputes through dialogue, the obligation to respect the sovereignty, unity and territorial integrity of the DRC and the importance of coordination and complementarity between political and enforcement measures in the DRC,

Calling on all parties to intensify diplomatic dialogue and to engage on concrete steps towards de-escalation and a lasting, peaceful solution to the protracted conflict in the region, expressing support to all efforts aimed at reaching a cessation of hostilities and paving a path for diplomatic settlement, including the crucial role of regional peace processes particularly the Luanda and Nairobi Processes, MONUSCO, the Office of the Special Envoy for the Great Lakes and international partners,

Condemning all massacres and atrocities committed in the territory of the DRC and urging accountability for these actions,

Condemning in the strongest terms any and all attacks against MONUSCO peacekeepers, personnel, installations, material, units or vehicles, which may constitute war crimes, as well as the use and placement of heavy weapons in the vicinity of United Nations peacekeepers’ bases, emphasizing that those responsible for such attacks must be held accountable,

Welcoming steps taken to operationalize the Southern African Development Community (SADC) Mission in the Democratic Republic of Congo (SAMIDRC) and condemning attacks on SAMIDRC bases and personnel,

Taking note of the communiqué adopted by the Peace and Security Council (PSC) of the African Union (AU) at its meeting held on 4 March 2024, which endorses the deployment of SAMIDRC,

Taking note of the letter from the Secretary-General to the Security Council, dated 28 June 2024, outlining options for United Nations support to SAMIDRC, consistent with paragraph 20 of resolution 2717 (2023),

Taking note of the letter from the Government of DRC dated 28 June 2024transmitting the joint report on the first phase of the withdrawal of MONUSCO,

Acknowledging the completion of the MONUSCO’s withdrawal of all uniformed personnel and most civilian personnel from South Kivu, marking the end of the first phase of its disengagement,

Reaffirming the particular focus on the protection of civilians, and transfer of knowledge, data and capacity building, including on child protection, within MONUSCO’s residual civilian presence in South Kivu,

Reaffirming the basic principles of United Nations peacekeeping, including consent of the parties, impartiality, and non-use of force, except in self-defense and defense of the mandate,

Reiterating the necessity for MONUSCO to continue to fully implement its mandate consistent with relevant Security Council resolutions, using all means at its disposal to protect civilians in its area of deployment and effectively address the threat posed by armed groups and other security threats, in the context of increased armed conflict in the DRC,

Underlining the need for the operations of SAMIDRC to be conducted in full compliance with international law, including international humanitarian law and international human rights law, as applicable, and for SAMIDRC to take active steps to minimize the risk of harm to civilians in all areas of operation,

Underscoring the importance of strategic communications, particularly in countering mis-information and dis-information to the implementation of MONUSCO’s mandate and to the safety and security of its peacekeepers,

Noting that the full operationalization of SAMIDRC and its support in creating a secure environment and protecting civilians is aimed at contributing to the stability of eastern DRC and to creating an environment conducive to the successful implementation of ongoing regional peace efforts,

Support to SAMIDRC

1. Authorizes MONUSCO to support SAMIDRC through enhanced coordination, information-sharing and technical assistance as well as use of MONUSCO’s logistical assets and military capabilities, within the area of MONUSCO’s deployment, consistent with paragraph 20 of resolution 2717 (2023)and within existing resources, in furtherance of MONUSCO’s mandate, with due consideration for the safety and security of UN personnel, including by:

(a) Providing technical advice and support on the protection of civilians, including women and girls, child protection, the prevention of conflict-related sexual violence, the prevention of harm to civilians, civil-military coordination, disarmament and weapons and ammunitions management;

(b) Providing, through the United Nations Joint Human Rights Office in the DRC, comprehensive technical advice and support to SAMIDRC to fulfil its obligations regarding compliance with international law, including international humanitarian law and international human rights law, as applicable, and the African Union Strategic Framework for Compliance and Accountability in Peace Support Operations;

(c) Coordinating with SAMIDRC for the utilization of MONUSCO’s air and other logistical assets for medical and casualty evacuation of SAMIDRC troops;

(d) Facilitating movements of SAMIDRC troops by coordinating with SAMIDRC for the utilization of MONUSCO’s air assets and armored vehicles, excluding MONUSCO’s involvement in combat operations;

(e) Sharing of information and peacekeeping-intelligence, in line with relevant United Nations policies;

2. Stresses that MONUSCO’s provision of such support to SAMIDRC is determined by the Special Representative of the Secretary-General for DRC and Head of MONUSCO in close consultation with the MONUSCO and SAMIDRC Force Commanders, and without affecting MONUSCO’s capacity to implement its mandate and strategic priorities;

3. Stresses that MONUSCO’s provision of such support to SAMIDRC is without prejudice to MONUSCO’s existing mandate including the protection of civilians and support to national security forces, reiterates that any such support should be in strict compliance with the United Nations Human Rights Due Diligence Policy (HRDDP), throughout all phases of operations, including preparatory, conduct and review phases and calls upon SAMIDRC to fully cooperate with the United Nations in implementing the HRDDP, including by ensuring that the relevant monitoring and reporting mechanisms are in place and functional;

4. Calls on troop-contributing countries of SAMIDRC and the Force Commander of SAMIDRC (FC-SAMIDRC) to take active steps to minimize the risk of harm to civilians in all areas of its operation and to ensure the highest standards of transparency, conduct and discipline for their contingents operating in the framework of the SAMIDRC, to establish a robust compliance mechanism in line with the African Union’s Compliance Framework to prevent, investigate, address and publicly report on allegations of human rights violations and abuses, and violations of international humanitarian law by SAMIDRC forces;

5. Emphasizes the importance of implementing the United Nations zero-tolerance policy on sexual exploitation and abuse and calls on troop-contributing countries of SAMIDRC to take necessary action to ensure appropriate conduct and discipline to prevent and respond to sexual exploitation and abuse, ensuring women’s representation within the SAMIDRC, pre-deployment and in-mission training on child protection, and sexual and gender-based violence, and providing safe and accessible complaint mechanisms and timely and thorough investigations of all allegations of misconduct, applying a survivor/victims-centered approach, to hold perpetrators accountable, to repatriate units when there is credible evidence of widespread or systemic sexual exploitation and abuse, by those units, and to provide assistance support to victims;

Coordination

6. Stresses the importance of protection of civilians and of ensuring coherence, coordination, complementarity and efficient articulation of efforts between MONUSCO, the FARDC and SAMIDRC, including through information sharing and ensuring their meaningful engagement and presence in the joint Centre de Coordination des Opérations (CCO) as well as deconfliction of operations with Burundi National Defense Forces and Uganda’s Peoples’ Defense Forces to ensure MONUSCO’s mandate implementation, and of the obligation to carry out all operations, joint or unilateral, in strict compliance with international law, including international humanitarian law and international human rights law, as applicable;

7. Reiterates its call on all parties to cooperate fully with MONUSCO and to remain committed to the full and objective implementation of the Mission’s mandate, including during the withdrawal process, further reiterating the importance of continued compliance with the Status of Forces Agreement, including the unhindered entry and rotation of MONUSCO’s peacekeepers and their equipment;

Gradual, responsible and sustainable withdrawal

8. Urges MONUSCO to consolidate the handover of responsibilities to the DRC Government in South Kivu and to continue to jointly plan the next steps of the gradual, responsible and sustainable withdrawal of the mission before further moving forward, in line with the provisions of paragraphs 22 to 28 of resolution 2717 (2023), building on lessons learned from South Kivu’s withdrawal, including through accelerated security sector reform under strong national ownership and requests the Secretary-General, in close consultation with the DRC government, to provide updates on this matter in its regular reporting by November 2024;

Reporting

9. Requests the Secretary-General, in close coordination with SAMIDRC, to report by 15 November 2024 to the Security Council on progress in the operationalization of SAMIDRC and on the implementation of operative paragraph 1,as well as challenges encountered;

10. Requests SAMIDRC to report by 15 November 2024 to the Security Council on its activities, including coordination with MONUSCO;

11. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 9699th meeting, on 6 August 2024